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Chapter 224 Under What Situation Did You Take The Knife?
Chapter 224 Under What Situation Did You Take The Knife?
the other side.
Li Chen entered the hotel he stayed in, took his room card and entered the room, took off his suit, turned on the air conditioner, and began to write various information about the case.
In this kind of case, he is willing to defend the other party no matter whether the other party constitutes intentional injury or not.
From the analysis of the motive of the crime, there must be a certain reason that forced Cao Wenbin to kill people with a knife.
After all, it was a day of great joy for others. It was really beyond the limit, so how could such drastic measures be taken?
Therefore, Li Chen believed that what they said was true.
Two lines of defense:
Misdemeanor defense.
Considering the situation of the other party is out of the desire to protect his wife. Although it will cause serious consequences, it still needs to be combined with the real situation of the case.
Cao Wenbin is preventing others from violating his wife. Can he be given a light sentence for this crime?
But any judge with a little conscience will think about the objective reasons of the other party.
If the other party is a ruthless judge who only looks at the crime without mentioning the reasons, then there is no need for a defense.
You can't chop someone with a knife for any reason, that's a violation of the law.
Since the law is punished, it should be sentenced, there is nothing to say.
If you really meet such a person, don't defend too much.
No matter how many people you say, people will ignore you, so it is better to focus on the second trial.
The second is the defense of innocence:
Cao Wenbin's actions belonged to legitimate self-defense.
The requirements of this direction of defense are very strict.
First, subjectively, the purpose of Cao Wenbin holding the knife is to prevent the other party from infringing.
Second, after Cao Wenbin took the knife, the other party did not restrain himself and continued to commit violations.
Third, there is evidence to prove that Cao Wenbin's intention to stop is the result of the other party's continued infringement.
The three are closely linked and indispensable.
After half an hour of busy work, I recorded all the problems in the case and wrote down the solutions.
But no matter which one it is, a third person is required to come forward and explain the specific circumstances of the crime from an objective and fair perspective.
At the same time, Li Chen was also ready. He sent those who were unwilling to testify to the dock...
The next day, at eight o'clock in the morning, Li Chen woke up from his dream and got up to take a shower.
Today I am going to the confessional to visit the client and learn about the case from his mouth.
At 08:30, Li Chen was about to take a taxi to the confessional where Cao Wenbin was being held.
At nine o'clock, formal talks began after formalities.
This meeting was very long, an hour.
Perhaps the management personnel of the confessional were more sympathetic to Cao Wenbin's approach, and the procedures were handled together much faster than the interviews he had seen before.
Meet indoors.
Cao Wenbin looked at Li Chen and asked, "Lawyer, how much did you spend at my house?"
Li Chen also didn't expect that he would ask about his fee: "It's not expensive. One stage is 2 yuan. Your current case belongs to the stage of the local prosecutor's office. The total fee is 4 yuan until the case is officially closed."
To be honest, Li Chen's fee is not high.
In this situation, he is capable and well-known, and the fee is not directly proportional to his strength.
Ordinary lawyers receive 2 yuan in criminal cases, which is a threshold fee.
If you can win, it is [-] yuan. If you don't win, it is [-] yuan.
When it comes to the trial court, they may take your case very seriously and confront the law enforcement officers head-to-head, or they may go through the process and act as a mascot throughout the process.
If they are rich people, they will think that this charge is really cheap after they know Li Chen's strength.
4 yuan, the last time you can help yourself reduce the punishment, isn't it worth it?
But Cao Wenbin had a different idea. Because of his family conditions, he blurted out: "So expensive?"
"My fee is already very cheap, okay?"
Li Chen was a little speechless when he heard that the other party thought it was expensive.
"I did not mean that…"
Seeing Li Chen frowned, Cao Wenbin wanted to explain his thoughts, but Li Chen interrupted his explanation directly: "The threshold of criminal cases is like this, and this is the minimum standard for me."
Criminal case fee reference:
(1) First instance stage:
Investigation stage (including the self-investigation of the local procuratorate): RMB 6000-18000;
Review and prosecution stage: RMB 6000-30000;
Trial stage: RMB 8000-50000;
Acting as an agent for criminal private prosecution and incidental civil litigation 6000-60000 to negotiate fees (complexity of the case, subject matter of civil litigation, etc.).
In cases involving national security crimes, gangland-related drug-related crimes, and other major and difficult cases, the agency fee will be charged at twice the above standard.
If a case requires a business trip to a different place, the client shall bear the transportation expenses, accommodation expenses, and long-distance telephone charges.
And his fee of 2 yuan includes everything at the stage of the local prosecutor's office...
Basically, everyone charges like this, except in special cases.
For example, if the applicant has no money, but the lawyer is very interested in his case, he can also provide free legal aid for him.
"Oh…"
After hearing what Li Chen had said, Cao Wenbin had no choice.
The main reason why he was shocked was because many of them had hired lawyers.
The money was spent, the person was sentenced, and the proper people and money were empty.
Under the influence of such conditions, Cao Wenbin also consciously developed the mentality that it is useless to find a lawyer...
And Cao Wenbin also bluntly stated his own reasons, Li Chen didn't say too much after hearing it.
how to say…
There are people with strong and poor abilities in any industry, and not all lawyers can convince law enforcement units.
"Let's talk about your problem."
Li Chen started to get into the topic: "I heard from your family members that you hacked people with a knife because they violated your wife. Is that so?"
"Yes."
As soon as Cao Wenbin mentioned his previous experience, he gritted his teeth with hatred: "Those bastards, our relationship is not bad at first, but I didn't expect them to drink too much and do such a thing."
Li Chen nodded when he heard the words: "In the beginning you wanted to dissuade them, but they didn't restrain themselves and even beat you. You just went back to get the knife in this kind of situation, right?"
"That's right, they beat me up because of their numbers, so I can't be angry enough to go back and get a knife?"
Li Chen couldn't help frowning when he heard this sentence: "Are you so angry that you went back to get the knife?"
This sentence……
But it's dangerous...
"Correct."
Cao Wenbin didn't realize his language problem, so he continued to answer Li Chen, "Because there are so many of them, I have no way to stop them, so I have to take a knife."
"Are you so angry that you returned to get the knife, or did you mean that you took the knife because you wanted to stop their illegal behavior?"
Li Chen looked at him seriously and asked, "This is very important, you'd better think clearly before answering me."
Hearing what Li Chen said, Cao Wenbin was a little puzzled.
Is it important?
(End of this chapter)
the other side.
Li Chen entered the hotel he stayed in, took his room card and entered the room, took off his suit, turned on the air conditioner, and began to write various information about the case.
In this kind of case, he is willing to defend the other party no matter whether the other party constitutes intentional injury or not.
From the analysis of the motive of the crime, there must be a certain reason that forced Cao Wenbin to kill people with a knife.
After all, it was a day of great joy for others. It was really beyond the limit, so how could such drastic measures be taken?
Therefore, Li Chen believed that what they said was true.
Two lines of defense:
Misdemeanor defense.
Considering the situation of the other party is out of the desire to protect his wife. Although it will cause serious consequences, it still needs to be combined with the real situation of the case.
Cao Wenbin is preventing others from violating his wife. Can he be given a light sentence for this crime?
But any judge with a little conscience will think about the objective reasons of the other party.
If the other party is a ruthless judge who only looks at the crime without mentioning the reasons, then there is no need for a defense.
You can't chop someone with a knife for any reason, that's a violation of the law.
Since the law is punished, it should be sentenced, there is nothing to say.
If you really meet such a person, don't defend too much.
No matter how many people you say, people will ignore you, so it is better to focus on the second trial.
The second is the defense of innocence:
Cao Wenbin's actions belonged to legitimate self-defense.
The requirements of this direction of defense are very strict.
First, subjectively, the purpose of Cao Wenbin holding the knife is to prevent the other party from infringing.
Second, after Cao Wenbin took the knife, the other party did not restrain himself and continued to commit violations.
Third, there is evidence to prove that Cao Wenbin's intention to stop is the result of the other party's continued infringement.
The three are closely linked and indispensable.
After half an hour of busy work, I recorded all the problems in the case and wrote down the solutions.
But no matter which one it is, a third person is required to come forward and explain the specific circumstances of the crime from an objective and fair perspective.
At the same time, Li Chen was also ready. He sent those who were unwilling to testify to the dock...
The next day, at eight o'clock in the morning, Li Chen woke up from his dream and got up to take a shower.
Today I am going to the confessional to visit the client and learn about the case from his mouth.
At 08:30, Li Chen was about to take a taxi to the confessional where Cao Wenbin was being held.
At nine o'clock, formal talks began after formalities.
This meeting was very long, an hour.
Perhaps the management personnel of the confessional were more sympathetic to Cao Wenbin's approach, and the procedures were handled together much faster than the interviews he had seen before.
Meet indoors.
Cao Wenbin looked at Li Chen and asked, "Lawyer, how much did you spend at my house?"
Li Chen also didn't expect that he would ask about his fee: "It's not expensive. One stage is 2 yuan. Your current case belongs to the stage of the local prosecutor's office. The total fee is 4 yuan until the case is officially closed."
To be honest, Li Chen's fee is not high.
In this situation, he is capable and well-known, and the fee is not directly proportional to his strength.
Ordinary lawyers receive 2 yuan in criminal cases, which is a threshold fee.
If you can win, it is [-] yuan. If you don't win, it is [-] yuan.
When it comes to the trial court, they may take your case very seriously and confront the law enforcement officers head-to-head, or they may go through the process and act as a mascot throughout the process.
If they are rich people, they will think that this charge is really cheap after they know Li Chen's strength.
4 yuan, the last time you can help yourself reduce the punishment, isn't it worth it?
But Cao Wenbin had a different idea. Because of his family conditions, he blurted out: "So expensive?"
"My fee is already very cheap, okay?"
Li Chen was a little speechless when he heard that the other party thought it was expensive.
"I did not mean that…"
Seeing Li Chen frowned, Cao Wenbin wanted to explain his thoughts, but Li Chen interrupted his explanation directly: "The threshold of criminal cases is like this, and this is the minimum standard for me."
Criminal case fee reference:
(1) First instance stage:
Investigation stage (including the self-investigation of the local procuratorate): RMB 6000-18000;
Review and prosecution stage: RMB 6000-30000;
Trial stage: RMB 8000-50000;
Acting as an agent for criminal private prosecution and incidental civil litigation 6000-60000 to negotiate fees (complexity of the case, subject matter of civil litigation, etc.).
In cases involving national security crimes, gangland-related drug-related crimes, and other major and difficult cases, the agency fee will be charged at twice the above standard.
If a case requires a business trip to a different place, the client shall bear the transportation expenses, accommodation expenses, and long-distance telephone charges.
And his fee of 2 yuan includes everything at the stage of the local prosecutor's office...
Basically, everyone charges like this, except in special cases.
For example, if the applicant has no money, but the lawyer is very interested in his case, he can also provide free legal aid for him.
"Oh…"
After hearing what Li Chen had said, Cao Wenbin had no choice.
The main reason why he was shocked was because many of them had hired lawyers.
The money was spent, the person was sentenced, and the proper people and money were empty.
Under the influence of such conditions, Cao Wenbin also consciously developed the mentality that it is useless to find a lawyer...
And Cao Wenbin also bluntly stated his own reasons, Li Chen didn't say too much after hearing it.
how to say…
There are people with strong and poor abilities in any industry, and not all lawyers can convince law enforcement units.
"Let's talk about your problem."
Li Chen started to get into the topic: "I heard from your family members that you hacked people with a knife because they violated your wife. Is that so?"
"Yes."
As soon as Cao Wenbin mentioned his previous experience, he gritted his teeth with hatred: "Those bastards, our relationship is not bad at first, but I didn't expect them to drink too much and do such a thing."
Li Chen nodded when he heard the words: "In the beginning you wanted to dissuade them, but they didn't restrain themselves and even beat you. You just went back to get the knife in this kind of situation, right?"
"That's right, they beat me up because of their numbers, so I can't be angry enough to go back and get a knife?"
Li Chen couldn't help frowning when he heard this sentence: "Are you so angry that you went back to get the knife?"
This sentence……
But it's dangerous...
"Correct."
Cao Wenbin didn't realize his language problem, so he continued to answer Li Chen, "Because there are so many of them, I have no way to stop them, so I have to take a knife."
"Are you so angry that you returned to get the knife, or did you mean that you took the knife because you wanted to stop their illegal behavior?"
Li Chen looked at him seriously and asked, "This is very important, you'd better think clearly before answering me."
Hearing what Li Chen said, Cao Wenbin was a little puzzled.
Is it important?
(End of this chapter)
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